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Mr. Hermes' practice at Brown Rudnick ranges from advising media and corporate clients on content liability issues, to rapid-response intervention in high-profile litigation on behalf of various publishing and media clients, to complex corporate and intellectual property litigation. He has extensive experience in representing print, broadcast and Internet media clients in First Amendment and access-related matters in state and federal court, including successfully unsealing impounded government records, representing reporters being pressured to disclose their confidential sources and defending against defamation suits.
Mr. Hermes has argued successfully before the trial court, Appeals Court and Supreme Judicial Court of the Commonwealth of Massachusetts. He has also written and spoken frequently on the subject of podcasting publication and the law.
Representative Matters
o Yohe v. Nugent, et. al. In a defamation action for a media client, participated in successfully persuading the U.S. Court of Appeals for the First Circuit to adopt a favorable, in-depth analysis of the Massachusetts privilege for fair reports of governmental activity
o Pre-Publication Review and Business Advice. Provided pre-publication review services to media outlets, including a major metropolitan newspaper, a leading medical journal and Internet website hosts, to assist client in minimizing the risk of content liability issues; issues included potential defamation suits, intellectual property infringement, and invasion of privacy concerns
o Trademark Defense. Successfully assisted Internet clients to protect trademarks in website addresses and web page design, including obtaining injunctive relief against infringement
o Reporter Defense. Successfully defended print and broadcast journalists against compelled disclosure of sources and unpublished materials in court and government agency proceedings, in both civil and criminal matters
o Media Access Matters. Successfully argued on behalf of a media client for the release of impounded materials in the Michael McDermott murder case; participated in briefing argument to the Supreme Judicial Court that resulted in the release of documents connected to the Richard Sharpe murder case
o Defamation Defense. Obtained pre-trial dismissal of claims for media clients in numerous defamation lawsuits with varying factual and legal issues, including successfully arguing that a Massachusetts-based Internet publisher could not be subject to a suit in Illinois for distributing an email newsletter nationwide
o Customs Proceeding. Successfully represented a reporter who had been "embedded" in Iraq in recovery of Iraqi- and Kuwaiti-origin items that had been seized by the U.S. Customs Service upon the reporter's return to the U.S.
Publications
o Co-author, "A new communication tool raises familiar legal risks," Boston Business Journal, November 24-30, 2006
o Co-author, "How to Keep Your Podcast Legal," iMediaConnection.com, November 3, 2006
o Co-author, "Podcasting and Defamation in the US," Cutter ConsortiumBusiness Intelligence Advisory Service Executive Update, Vol. 6, No. 18, November 2006
o Interviewee, "Podcasting Legalities: What Every Podcaster Should Know, Parts 1-4." DigitalProSound.com, October 17-26, 2006
o Co-author, "Podcasting: Keeping It Legal," MacNewsWorld, October 5, 2006
o Co-author, "For Podcasters, A Brave New World of Legal Issues," The American Reporter, September 27, 2006
o Co-author, "Online Forums and Chat Rooms in Defamation Actions," Communications Lawyer, Summer 2006
o Co-Author, "Fair Report Privilege: First Circuit Extends Privilege to Police Chief Interview," Boston Bar Journal, September/October 2003
o Co-author, "Survey of First Circuit Privacy and Related Claims Against the Media," Media Law Resource Center 50-State Survey, 2003-2004, Media Privacy and Related Law, Summer 2003
o "Los Angeles Superior Court Dismisses Libel and Unfair Business Claims Against Internet Auction House eBay," MLRC MediaLawLetter, June 2003
o Co-author, "First Circuit Upholds Defamation Summary Judgment Based on Fair Report Privilege," MLRC MediaLawLetter, March 2003
o Co-author, "First Circuit Rejects First Amendment and Common Law Right of Access to Criminal Justice Act Documents," MLRC MediaLawLetter, March 2003
o Co-author, "Survey of First Circuit Privacy and Related Claims Against the Media," Libel Defense Resource Center 50-State Survey, 2002 - 2003, Media Privacy and Related Law
Bar Admissions & Memberships
o Admitted, Bar of the Supreme Judicial Court of Massachusetts
o Admitted, United States District Court for the District of Massachusetts; United States District Court for the District of Colorado; United States Court of Appeals for the First Circuit; United States Court of Appeals for the Eleventh Circuit; United States Court of Appeals for the Federal Circuit. |
